Massachusetts Statutes

Section 69G. As used in section 69H to 69W, inclusive, the following words and terms shall have the following meanings:— ''Anaerobic digestion facility'', a facility that: (i) generates electricity from a biogas produced by the accelerated biodegradation of organic materials unde…

Section 69H. There shall be an energy facilities siting board within the department, but not under the supervision or control of the department. The board shall implement the provisions contained in sections 69H to 69Q, inclusive, and sections 69S to 69W, inclusive, to: (i) provi…

Section 69I. The department shall approve or reject long-range plans; provided, however, that a long-range plan submitted in conjunction with a petition to construct a facility may be referred to the board for review and approval or rejection in accordance with section sixty-nine…

Section 69J. No applicant shall commence construction of a facility at a site unless a petition for approval of construction of that facility has been approved by the board and, in the case of an electric or gas company which is required to file a long-range forecast pursuant to …

Section 69K. Any electric, gas or oil company which proposes to construct or operate facilities in the commonwealth may petition the board for a certificate of environmental impact and public interest with respect to such facility. The board shall consider such petition providing…

Section 69L. A. Except in the case of an application for a certificate with respect to a generating facility, which shall be subject to the provisions of section 69L1/2, an applicant for a certificate shall file with the board a petition, in such form as the board may prescribe, …

Section 69M. Upon receipt of a petition for a certificate in compliance with the provisions of section 69L or section 69L1/2, whichever is applicable, the board shall fix a time and place for a public hearing on a date which shall be not less than sixty days nor more than ninety …

Section 69N. The parties in interest to the proceedings on a petition for a certificate shall include the following: (1) the applicant; (2) each public officer entitled to receive notice of the filing under the provisions of section 69L or section 69L1/2, whichever is applicable,…

Section 69O. As expeditiously as possible but in no event later than six months from the date of filing of the petition for a certificate pursuant to section 69K, the board shall by a majority vote render a decision upon the petition either by denying the petition or by granting …

Section 69P. Any party in interest aggrieved by a decision of the board shall have a right to judicial review in the manner provided by section five of chapter twenty-five. The scope of such judicial review shall be limited to whether the decision of the board is in conformity wi…

Section 69Q. The board, in the discharge of its duties under this chapter, is authorized to make joint investigations, hold joint hearings within or without the commonwealth, and issue joint or concurrent orders in conjunction or concurrence with any official agency of any state …

Section 69R. Any electric or gas company, generation company, or wholesale generation company may petition the department for the right to exercise the power of eminent domain with respect to the facility or facilities specified and contained in a petition submitted in accordance…

Section 69S. Any company may petition the board for the right to exercise the power of eminent domain with respect to oil pipelines specified and contained in the proposed notice of intention submitted in accordance with section 69J if such company is unable to reach agreement wi…

Section 69T. (a) The energy facilities siting board may issue consolidated permits for large clean energy infrastructure facilities. No applicant shall commence construction of a large clean energy infrastructure facility at a site unless an application for a consolidated permit …

Section 69U. (a) Upon request by an applicant and upon a showing of good cause, the board may issue a consolidated permit for a small clean transmission and distribution infrastructure facility that is not automatically subject to the jurisdiction of the board pursuant to section…

Section 69V. (a) The board may issue a consolidated permit for a small clean energy generation facility or a small clean energy storage facility. An owner or proponent of a small clean energy generation facility or a small clean energy storage facility may submit an application t…

Section 69W. (a) An owner or proponent of a small clean energy infrastructure facility that has received a final decision on, or a constructive approval of, a consolidated permit application from a local government, as defined in section 21 of chapter 25A, or other parties substa…

Section 70. A gas company may, with the written consent of the aldermen or the selectmen, dig up and open the ground in any of the streets, lanes and highways of a town, so far as necessary to accomplish the objects of said corporation; but such consent shall not affect the right…

Section 70A. Any gas company desiring to lay a main for the transmission of gas which will of necessity pass through one or more cities or towns to connect the termini of such main, whose petition for the location necessary for such main has been refused, or has not been granted …

Section 71. A corporation subject to this chapter may, as provided in chapter one hundred and sixty-six, construct lines for the transmission of electricity. Nothing in this section shall prohibit a corporation that is not subject to this chapter from constructing lines for the t…

Section 72. (a) Any electric company, distribution company, generation company, or transmission company or any other entity providing or seeking to provide transmission service may petition the department for authority to construct and use or to continue to use as constructed or …

Section 72A. The department may upon petition authorize an electric company to enter upon lands of any person or corporation for the purpose of making a survey preliminary to eminent domain proceedings. The department shall give notice of the authorization granted, by registered …

Section 73. A corporation subject to this chapter, to the extent that it is authorized to make, sell, transmit or distribute gas or electricity, or both, may, for the purposes of such sale, transmission, or distribution, lay, erect and maintain pipes, wires, mains and conduits un…

Section 74. If a person injured in his person or property by a defect in a public way caused by the operations of a corporation subject to this chapter, in laying down or repairing its pipes, or in laying, erecting, maintaining or repairing its lines of wires, or in otherwise obs…

Section 75. The aldermen or selectmen may regulate, restrict and control all acts and doings of a corporation subject to this chapter which may in any manner affect the health, safety, convenience or property of the inhabitants of their towns.

Section 75A. No gas company or municipality distributing gas shall install or replace a meter measuring gas supplied to any premises except in accordance with regulations prescribed by the department for preventing or retarding the escape of gas in case of fire. Said regulations …

Section 75B. Any person, partnership, corporation or any other legal entity, organized under the laws of the commonwealth which shall desire to construct and operate a natural gas pipeline situated wholly within the commonwealth may qualify to do business within the commonwealth …

Section 75C. Any natural gas pipe line company may petition the department for the right to exercise the power of eminent domain under chapter seventy-nine. It shall file with such petition a general description of such pipe line and a map or plan thereof showing the rights of wa…

Section 75D. The provisions of section seventy-two A shall be applicable to natural gas pipe line companies.

Section 75E. Natural gas pipe line companies shall be subject to such reasonable rules and regulations as the department may prescribe or adopt pertaining to the construction and operation of such pipe lines for the purpose of insuring the safe operation thereof; provided, howeve…

Section 75F. Any natural gas pipe line company which lays pipes or other underground equipment or structures, or repairs or alters the same, on any land on which it does not have a fee or a binding agreement with the landowner, shall within sixty days after laying such pipes, equ…

Section 75G. Any natural gas pipe line company which lays pipes or other underground equipment or structures on any land on which it does not have a fee, shall, within sixty days after laying such pipe, equipment or structure, mark on the land, in such manner as not to interfere …

Section 75H. A person, partnership, corporation or any other legal entity which intends to construct a natural gas pipeline within this state and has filed for a certificate of public convenience and necessity to be issued under chapter 15B of the United States Code which may be …

Section 76. The department shall have the general supervision of all gas and electric companies and shall make all necessary examination and inquiries and keep itself informed as to the condition of the respective properties owned by such corporations and the manner in which they…

Section 76A. The department shall have the general supervision of every affiliated company, as defined in section eighty-five, with respect to all relations, transactions and dealings, direct or indirect, with the gas or electric company with which it is affiliated, which affect …

Section 76B. Any person or municipality laying out or constructing a street, place or way, except a residential driveway, over, across or along a high pressure gas main operating at pressures in excess of two hundred pounds per square inch gauge, shall comply with the provisions …

Section 76C. The department may establish from time to time such reasonable rules and regulations consistent with this chapter as may be necessary to carry out the administration thereof.

Section 76D. All natural gas pipeline companies, cable television companies, steam distribution companies and public utility companies, as defined in section three of chapter twenty-five, shall create, participate in and be responsible for the administration of a utility undergro…

Section 77. The department shall make an annual report of its doings under this chapter, with such suggestions as to the condition of affairs or conduct of corporations and companies subject to this chapter as may be appropriate, with such abstracts of the returns required by sec…

Section 78. If any electric, gas, generation, transmission, or distribution company, or any supplier violates or fails to comply with the provisions of law, or violates or fails to comply with any lawful order of the department, the department shall give written notice thereof to…